the city of Moscow
Any user of the website www.sparcon.ru , hereinafter referred to as the “Transferring Party”, on the one hand, and the Limited Liability Company Sparta Consulting, represented by General Director Igor Mikhailovich Fominov, acting on the basis of the Charter, hereinafter referred to as the “Receiving Party”, on the other hand, taking into account that:
The transmitting party transmits written and oral information to the Receiving Party for subsequent analysis by the Receiving Party of these documents and information regarding the judicial perspective of the dispute on the merits of the transferred documents.;
The Receiving and Transmitting parties may coordinate issues of commercial interaction on the issue of the dispute mentioned above, have concluded this agreement on the following:
1. Considering that the Receiving Party needs to use information available to the Transmitting Party and access to which is limited, the Parties have agreed that, within the framework of this agreement, the terms and definitions mean:
Confidential information (CI) is information in any form of its fixation, received by the Receiving Party from the Transmitting Party via e–mail to info@sparcon.ru ; orally or in the form of tangible media, and including information about:
the organization that is the object of the work;
the product/equipment used;
the method / timing of delivery of goods / equipment, its cost;
the parameters of the interaction of the Transmitting Party (or its designated person) with the counterparty
and other data essential to the Transmitting Party, which are determined to be essential by the very fact of their transfer to the Receiving Party.
Information constituting a trade secret is information of any nature (industrial, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical field, as well as information about ways of carrying out professional activities that have actual or potential commercial value due to their unknown to third parties, to which third parties do not have free access on a legitimate basis and in respect of which the owner of such information has introduced a trade secret regime.;
Transfer of CI – sending and (or) handing over CI recorded on a tangible medium, organizing access and familiarization with CI to the extent and on the terms provided for in this agreement, including the condition that the Receiving Party takes measures to protect its confidentiality.
Disclosure of Information is an act or omission as a result of which Information in any possible form (oral, written, or otherwise, including through the use of technical means) becomes known to third parties without the consent of the owner of such information or contrary to this agreement.
Other terms and definitions used in this agreement are subject to interpretation in accordance with the current legislation of the Russian Federation.
2. The receiving Party has the right to use the CI received from the Transferring Party in the framework of the implementation of this agreement only for the purposes of carrying out the work specified in the preamble of the agreement and paragraph 1.
3. The transfer of CI to the Receiving Party is carried out on the basis of an Act of Acceptance and Transfer of CI in the form specified in this Agreement, signed by the Parties (Appendix No. 1).
4. The organization of access and familiarization with documents containing CI is carried out in accordance with the procedure provided for in the internal local documents of the Transferring Party. The transmitting Party is obliged to familiarize the Receiving Party with the internal local documents regulating the procedure for access and familiarization with documents containing CI.
5. With respect to any CI transferred in accordance with the provisions of this Agreement, the Receiving Party undertakes:
5.1. Take measures to protect AI.
5.2. Do not copy or rewrite the Information without the written consent of the Transmitting Party.
5.3. If it is necessary to disclose the received information to any third parties, the Receiving Party is obliged to obtain the written consent of the Transferring Party for such disclosure.
5.4. Destroy, at the end of the term of the Agreement or in case of its early termination, or at the request of the Transferring Party, all information that has been transferred to the Receiving Party, in any form, including, but not limited to, electronic media, drawings, written materials, including all copies thereof.
5.5. When working with material media containing AI, exclude the possibility of third parties familiarizing themselves with them.;
5.6. Inform the Transmitting Party about attempts of unauthorized access to the received information (its copies).
5.7. Do not use AI for personal purposes.
5.8. Immediately inform the Transmitting Party about the loss of the received CI or its copies.
5.9. Do not use AI in correspondence with third parties, in public statements, or refer to it in the media.
5.10. Do not transmit information over open communication channels, including fax and the Internet, without taking appropriate security measures.
5.11. Do not use AI when engaging in other activities, including when working with other legal entities, as well as in scientific and pedagogical activities.
6. This Agreement does not grant the Receiving Party any rights in relation to AI, except for the right of use necessary for the performance of the works specified in the preamble and paragraph 1 of this Agreement. All copies of this information, as well as material media, remain the property of the Transmitting Party when transmitting such information.
7. The results of intellectual activity obtained by using AI belong to the Transmitting Party, unless otherwise provided by the Parties.
8. In case of disclosure of CI or other illegal use of CI, the Receiving Party is liable in accordance with the current legislation of the Russian Federation.
9. In case of disclosure of the Information to third parties, the Receiving Party is obliged to compensate all losses incurred by the Transferring Party, including lost profits.
10. In case of disclosure of AI to third parties, the Receiving Party that made such disclosure, in addition to compensation for losses, including lost profits, is obliged to pay a fine of 100,000 (One hundred thousand) rubles for each violation.
11. This agreement comes into force from the moment of its signing by the Parties and is valid for one year from the moment of providing information or documents.
12. All disputes and disagreements arising under this Agreement shall be resolved through negotiations. In case of failure to reach a compromise, the dispute is referred to the Arbitration Court of the Moscow Region for resolution.
13. All amendments and additions to this Agreement must be made in writing in 2 copies.
14. This Agreement is concluded by acceptance of the website user www.sparcon.ru (by sending documents and information to the mailbox info@sparcon.ru ).
General manager
SparKon LLC
I.M. Fominov.
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